High Court of Punjab and HaryanaCRM-M/32566/2015allowed

Kirpal Singh v. State Of Punjab

2015-10-01Mr. Justice Harinder Singh Sidhu2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.M-32566 of 2015 Date of Decision: October 01, 2015 Kirpal Singh

...Petitioner

VERSUS

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.N.K.Vadhera, Advocate for the petitioner.

**** INDERJIT SINGH, J.

Petitioner has filed this petition under Section 439 Cr.P.C. for grant of regular bail in case FIR No.8 dated 02.02.2015 under Sections 307, 341, 324, 323, 506, 148 and 149 IPC, registered at Police Station Jodhan, District Ludhiana Rural. Notice of motion.

Ms.Simsi Dhir Malhotra, Deputy Advocate General, Haryana, accepted notice on behalf of respondent-State and Mr.Hardeep Singh, Advocate, accepted notice on behalf of the complainant and filed Power of Attorney.

At the time of arguments, learned counsel for the petitioner argued that the parties have effected compromise and a petition for quashing of the FIR on the basis of the compromise has already been filed before this Court, in which notice of motion has been issued and VINEET GULATI 2015.10.01 16:40 I attest to the accuracy and authenticity of this document Chandigarh

CRM No.M-32566 of 2015 -2parties have been directed to get recorded their statements before the trial Court on 08.10.2015.

Learned counsel for the complainant also admitted the factum of the compromise and stated the complainant has no objection if the bail is granted to the petitioner. I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. The petitioner is in custody since 25.05.2015. He is not required for any investigation or interrogation purposes. Nothing is to be recovered from him.

Keeping in view the fact that petition for quashing of the present FIR on the basis of compromise between the parties is already pending before this Court and the fact that petitioner is in custody since 25.05.2015, I find it a fit case where petitioner is entitled to benefit of regular bail. Therefore, the present petition is allowed and the petitioner is ordered to be released on bail subject to his furnishing personal bonds in the sum of `50,000/- with one surety in the like amount to the satisfaction of the trial Court/Duty Magistrate Ludhiana.

October 01, 2015 (INDERJIT SINGH) Vgulati JUDGE VINEET GULATI 2015.10.01 16:40 I attest to the accuracy and authenticity of this document Chandigarh